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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 10-04-2020, 05:46 PM
Mamatotwo Mamatotwo is offline
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Default Motion to Change CS - income unknown

I am just starting the court process and I am representing myself. My ex has not filed his taxes for last year and when asked in writing for his proof of income several times, he has ignored my request each time.

My question is, how can I ask for a request when I do not know the amount to ask for? In the new form 15 section 11, it asks to be specific. All I want to do is request that we update the child support amount based on our incomes from the table guidelines. But without a stipulated amount, how do I ask for a change?

BTW he makes a salary plus commissions so I highly suspect he is making more than when we finalized our agreement. We are to review it each year and as I said, he has been uncooperative with the review process and had not filed taxes nor provided me proof of income. Thanks for any help!
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Old 10-04-2020, 08:58 PM
rockscan rockscan is offline
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I believe you can list to be determined by the court in the form.

You will also ask for an order for full disclosure. His response will include a financial statement which will provide you those details. Once you file you will get a date for your first conference. His response to your filing should have income details and that will help you calculate what he owes before you appear at the conference.


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Old 10-05-2020, 09:18 AM
Mamatotwo Mamatotwo is offline
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Thanks Rockscan! okay I just wanted to make sure I could leave the amount blank and I will ask the court to determine. I'm good with that. I didn't even think of that about having the information I needed after he files.....well hoping he complies. I have a feeling he won't have his taxes done (CRA owns him). How much time would he get more time to complete everything? Is there anything I can ask for? Is he in comtempt at this point? He likes to drag things on and the more I know to ask for the better. Thank you!
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Old 10-05-2020, 10:56 AM
rockscan rockscan is offline
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Quote:
Originally Posted by Mamatotwo View Post
Thanks Rockscan! okay I just wanted to make sure I could leave the amount blank and I will ask the court to determine.
My husbands ex put all that in her forms and it was accepted.

Quote:
well hoping he complies. I have a feeling he won't have his taxes done (CRA owns him).
Regardless of whether he filed his taxes, he has other ways of proving his income like pay stubs and bank statements and t4s if he gets them. Judge wont accept I havent done my taxes as an excuse.

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How much time would he get more time to complete everything?
It all depends. You have asked several times for his updated income and he has ignored you. Make sure you add those emails and the lack of response to your motion materials. He should have the info submitted with his response but he could also cry poor me. He will have to explain to the judge at the conference why he has failed to do it with several months warning. If this is a pattern of behaviour, add the years he has done this to your materials too.

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Is there anything I can ask for?
If he is self employed as for bank statements, investment information and any credit or loan applications he has filed in the last two years. This will also give you an idea of what he is saying his income is.

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Is he in comtempt at this point?
No, he is only in contempt if he was ordered to provide disclosure and has failed to do so.

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He likes to drag things on and the more I know to ask for the better. Thank you!
He can and probably will drag his feet on this but know that all it does is accumulate. I would ask for interest to accrue if he fails to provide proper disclosure by the first conference.


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Old 10-05-2020, 07:47 PM
Mamatotwo Mamatotwo is offline
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THANKS! All makes sense. I did include interest. I think I'm all set for now
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financial disclosure, form 15, income disclosure, motion to change


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